A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On April 10, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on January 11, 2010, a fine of KRW 3 million from the Seoul Western District Court to a fine of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been under punishment on more than two occasions due to the violation of the Road Traffic Act (driving) as seen above, the Defendant driven a Fpoter Ⅱ in the section of about 400 meters from the 19:40-round April 30, 2019 without a driver’s license, while under the influence of alcohol level of 0.058%, from C to E in the area of 400 meters in front-nam Mine-gun, the Defendant driven a Fpoter Ⅱ.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. Criminal records: To refer to inquiries, and to the application of each summary order statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on each of the above crimes, and the punishment imposed on any violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are to select imprisonment with prison labor in that the defendant is engaged in drinking without a license at the same time, even though he or she had a previous record of drinking or a previous record of driving without a license.

However, the above previous convictions are all prior to 2010, and the defendant has no record of criminal punishment exceeding the fine due to drunk driving or unlicensed driving, and the blood alcohol concentration.